About this same time, Gerry Golfer is hitting golf balls in his backyard. Gerry decides to break out his new driver and hits a golf ball out of his backyard into the Cash Mart parking lot. The golf ball hits Patty Plaintiff on the head and knocks her unconscious just as she is leaving the store.
Five days later, after recovering from her injuries, Patty returns to work at Acme Corporation. Unfortunately, she used her company email to send her mom a personal email about her injury despite being aware that Acme’s company policy prohibits use of company email for personal communication. Patty’s supervisor, Barry Bossley, discovers Patty’s violation and Patty is reprimanded. When Patty goes home she uses her personal computer to post disparaging comments about her boss and Acme Corporation on social media. The next day Patty is fired from her job.
In 5-6 pages, answer the following question: What types of legal claims could Patty make against Cash Mart, Gerry, and Acme Corporation? Consider the following:
What are the possible tort claims that Patty can make against Cash Mart? Discuss the elements of the claim and how those elements relate to the facts in the scenario.
Was Gerry negligent when he hit the golf ball that injured Patty? Discuss the elements of negligence and use facts from the scenario to support your decision.
Does Patty have a right to privacy when using Acme Corporation’s e-mail system? Discuss the elements of the claim and how those elements relate to the facts in the scenario.
Can Patty be legally fired from her job for making negative comments about her boss and her company on social media? Discuss the elements of the claim and how those elements relate to the facts in the scenario